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Around the Industry

January 31, 2014
VA Lenders’ Compliance with CFPB’s Ability-to-Repay and Qualified Mortgage Rules. Until the Department of Veterans Affairs’ rule on ATR/QM is in place, all VA lenders must comply with the requirements of the Truth in Lending Act, as established by the Consumer Financial Protection Bureau’s ATR/QM rule, according to a recent agency guideline. VA will continue to guarantee all loans made in compliance with existing VA requirements, regardless of their QM status, the agency clarified. It urged lenders to refer to the CFPB guidance to ensure all their VA loans are ...
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QM Effect on Manufactured Housing Takes Center Stage at CFPB Hearing

January 30, 2014
Thomas Ressler
Storm clouds quickly gathered as Rep. Steve Pearce, R-NM, complained that the bureau’s QM rule and restrictions on high-cost loans would pretty much exclude manufactured housing – and then accused Cordray of deliberately trying to squash lower-income families.
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Bank of America Selling $8 Billion of Ginnie Mae MSRs

January 30, 2014
Paul Muolo
Bank of America is once again testing the MSR sales market, but few investment bankers believe it will unload any massive packages this year.
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FHFA’s ‘Servicing Project’ Will Address Transfers, Escrows, and An Old Issue: MSR Compensation

January 30, 2014
The Federal Housing Finance Agency’s new “servicing project” will take a close look at how large-scale packages of mortgage-servicing rights are sold and transferred, but will also delve into what mortgage bankers thought was a dead issue: minimum servicing fees paid to processors. “You might say that FHFA is tackling the whole servicing arena in a big way,” said one mortgage consultant who has been briefed on the agency’s plans. The regulator’s sudden interest in transfers comes...
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Strong Demand from Investors for Mortgage Servicing Rights Even as Regulation Drives Up Servicing Costs

January 30, 2014
Increased compliance costs in recent years have done little to dampen demand for mortgage servicing rights, according to industry analysts. “The amount of capital has far outstripped the available supply,” said Dashiell Robinson, a managing director at Wells Fargo Securities, during last week’s ABS Vegas conference sponsored by the Structured Finance Industry Group and Information Management Network. William Roehrenbeck, chairman and CEO of Arvest Mortgage Company, said...
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M&A Market for Franchise Deals Heats Up, PHH and Flagstar Could Change Hands

January 30, 2014
It’s been several years since a top-10 ranked lender changed hands, but it could happen this year with speculation falling on PHH Mortgage and Flagstar Bancorp. Both firms own large servicing portfolios but have sold servicing “strips” while retaining a subservicing relationship with the consumer. Investment banking sources and competitors familiar with the two say a sale of either is...
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Short Takes: Fed’s MBS Share May Actually Increase / So Long Ocwen, Hello New MSR Buyers / PHH Kickback Case May Go To Trial / Eminent Domain CEO Holding Two Jobs? / Bad News for Home Equity Borrowers

January 30, 2014
Paul Muolo and Thomas Ressler
Ocwen Financial will slow its acquisition of mortgage servicing rights this year. Does this portend a huge drop in deals? Don’t bet on it.
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New Legal Argument to Challenge GSEs’ Ability to Foreclose By Advertisement in MI Being Thwarted

January 30, 2014
One of the complications of the federal government’s takeover of Fannie Mae and Freddie Mac has been the injection of uncertainty over whether the two government-sponsored enterprises can foreclose by advertisement due to Uncle Sam’s control of the companies. That has bred some novel legal arguments against the GSEs’ ability in this regard, but they have met with mixed results thus far. “Over the past several months, one of the newer arguments challenging foreclosure by borrowers is...
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Ocwen May Slow MSR Purchases Due to Regulatory Scrutiny

January 29, 2014
Paul Muolo and Brandon Ivey
In a new research report, WFS reduced its estimate for bulk transfers to Ocwen in 2014 to $140 billion from $200 billion.
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State of the (Mortgage) Union: Obama Still Wants to Kill Fannie and Freddie

January 29, 2014
Paul Muolo and Charles Wisniowski
In supplemental materials to his speech, President Obama referenced the GSEs' “failed business model,” adding that taxpayers should never again be “on the hook for bad loans and bailouts.”
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